[Senate Hearing 113-801] [From the U.S. Government Publishing Office] S. Hrg. 113-801 RENEWING THE CONVERSATION: RESPECTING PATIENTS' WISHES AND ADVANCE CARE PLANNING ======================================================================= HEARING BEFORE THE SPECIAL COMMITTEE ON AGING UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION __________ WASHINGTON, DC __________ WEDNESDAY, JUNE 26, 2013 __________ Serial No. 113-7 Printed for the use of the Special Committee on Aging [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available via the World Wide Web: http://www.fdsys.gov ____________ U.S. GOVERNMENT PUBLISHING OFFICE 93-290 PDF WASHINGTON : 2016 _______________________________________________________________________________________ For sale by the Superintendent of Documents, U.S. Government Publishing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-mail, [email protected]. SPECIAL COMMITTEE ON AGING BILL NELSON, Florida, Chairman RON WYDEN, Oregon SUSAN M. COLLINS, Maine ROBERT P. CASEY JR, Pennsylvania BOB CORKER, Tennessee CLAIRE McCASKILL, Missouri ORRIN HATCH, Utah SHELDON WHITEHOUSE, Rhode Island MARK KIRK, Illinois KIRSTEN E. GILLIBRAND, New York DEAN HELLER, Nevada JOE MANCHIN III, West Virginia JEFF FLAKE, Arizona RICHARD BLUMENTHAL, Connecticut KELLY AYOTTE, New Hampshire TAMMY BALDWIN, Wisconsin TIM SCOTT, South Carolina JOE DONNELLY Indiana TED CRUZ, Texas ELIZABETH WARREN, Massachusetts ---------- Kim Lipsky, Majority Staff Director Priscilla Hanley, Minority Staff Director CONTENTS ---------- Page Opening Statement of Chairman Bill Nelson........................ 1 Prepared Statement........................................... 10 Opening Statement of Ranking Member Susan M. Collins............. 1 Prepared Statement........................................... 4 Statement of Senator Ron Wyden................................... 7 Statement of Senator Mark Warner................................. 8 Statement of Senator Joe Donnelly................................ 9 Statement of Senator Elizabeth Warren............................ 11 PANEL OF WITNESSES James Towey, Founder, Aging with Dignity and President, Ava Maria University..................................................... 12 Harriet Warshaw, Executive Director, The Conversation Project.... 23 Amy Vandenbroucke, Executive Director, National Physician Orders for Life-Sustaining Treatment and Paradigm Task Force.......... 29 Gloria Ramsey, RN, Associate Professor, Uniformed Services University of the Health Sciences.............................. 44 APPENDIX Prepared Witness Statements and Questions for the Record James Towey, Founder, Aging with Dignity and President, Ava Maria University..................................................... 15 Harriet Warshaw, Executive Director, The Conversation Project.... 25 Amy Vandenbroucke, Executive Director, National Physician Orders for Life-Sustaining Treatment and Paradigm Task Force.......... 32 Questions submitted for Ms. Vandenbrouck......................... 68 Additional Statements for the Record Prepared statement of Senator Sheldon Whitehouse................. 59 Robert Fine, MD, FACP, FAAHPM, Clinical Director, Office of Clinical Ethics and Pallative Care, Baylor Health Care System.. 77 Ashley Carson Cottingham, Director of Policy and Advocacy, Compassion and Choices......................................... 82 RENEWING THE CONVERSATION:. RESPECTING PATIENTS' WISHES AND ADVANCE CARE PLANNING ---------- WEDNESDAY, JUNE 26, 2013 U.S. Senate, Special Committee on Aging, Washington, DC. The Committee met, pursuant to notice, at 2:04 p.m., in Room SD-124, Dirksen Senate Office Building, Hon. Bill Nelson, Chairman of the Committee, presiding. Present: Senators Nelson, Wyden, Whitehouse, Blumenthal, Donnelly, Warren, Collins, and Ayotte. Also present: Senator Warner. OPENING STATEMENT OF SENATOR BILL NELSON, CHAIRMAN The Chairman. Good afternoon. We have established a new kind of procedure here. Sometimes, we give opening statements. Sometimes, we do not. Sometimes, I turn to the most junior members of the committee. [Laughter.] And I am going to have Senator Collins start out and then I will make some comments. OPENING STATEMENT OF SENATOR COLLINS Senator Collins. First of all, thank you, Mr. Chairman. This is typical of how gracious you are and the bipartisan manner in which we jointly run this committee, even though you are the Chairman and I always recognize that fact. I want to thank you for calling this hearing to discuss the importance of advanced care planning and to examine ways to improve how we care for people at the end of their lives. These are critical issues that at some point will confront each and every one of us and I commend the Chairman for focusing the committee's attention on them today. These issues also have long been of personal interest to me. One of the first bills that I introduced as a new Senator was called the Compassionate Care and Planning Act, and I introduced it with Senator Jay Rockefeller way back, I think, in the late 1990s. Noted health economist Uwe Reinhardt once observed that Americans are the only people on earth who believe that death is negotiable. Advances in medicine, public health, and technology have enabled more and more of us to live longer and healthier lives. When medical treatment can no longer promise a continuation of life, however, patients and their families should not have to fear that the process of dying will be marked by preventable pain, avoidable distress, or care that is simply inconsistent with their values and their needs. Unfortunately, most patients and their physicians do not currently discuss death or routinely make advance plans for their end-of-life care. As a consequence, about one-quarter of Medicare funds are spent on care at the end of life that is geared toward expensive high-tech interventions and rescue care. While most Americans say that they would prefer to die at home, studies show that the vast majority still die in institutions, where they may be in pain and where they may be subjected to high-tech treatments that merely prolong their suffering. We are making some progress in meeting the wishes of those at the end of their lives. More people over age 65 are dying at home and in hospice care and fewer are dying in hospitals, and I want to make clear that for some people, dying in the hospital is the right choice and the right option. But we should be respecting individuals' wishes. At the same time, a recent study published by the Journal of the American Medical Association found that end-of-life care continues to be characterized by aggressive interventions. Increasing numbers of patients are receiving care in an intensive care unit in their last month of life, and a growing number are shifted back and forth between different care sites in their final three months. Moreover, while the study found that hospice use has increased, more than 28 percent of hospice patients were enrolled for three days or less. I was astonished by that statistic, because I always thought hospice was supposed to be for the last six months, not the last three days. Clearly, there is more that we can do in this country to improve the way that we care for people at the end of their lives. Advance care planning has been shown to increase satisfaction not only for the person who is dying, but for the family members, as well, and it improves health outcomes because people with advance directives are more likely to get the care that they want in the setting they prefer and avoid the care that they do not want. Still, while 93 percent of Americans say that advance care planning should be a priority, only about a third of us have completed an Advance Directive. I mentioned the bill that I introduced in 1997 with Senator Rockefeller. It was intended to facilitate the discussions about end-of-life issues with physicians and other health care providers and encourage advance care planning. It required that every Medicare beneficiary receiving care in a hospital, nursing home, or other health care facility be given the opportunity to discuss end-of-life care and the preparation of an Advance Directive with an appropriately trained professional. It also required that if the patient had an Advance Directive, it must be displayed in a prominent place in the medical record so that everyone caring for the person could clearly see it. And last but certainly not least, it provided Medicare coverage for advance planning consultations between patients and their physicians. Mr. Chairman, patients and their families should be able to trust that the care that they receive in their final days is not only of high quality, but also consistent with their values, their wishes, and desire for autonomy and dignity. This issue, I know, has been a high priority for you, Mr. Chairman, for many years, as well. And again, thank you for calling this important hearing. [The prepared statement of Senator Collins follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] The Chairman. Senator Wyden. OPENING STATEMENT OF SENATOR WYDEN Senator Wyden. Thank you very much, Mr. Chairman. Like colleagues, I am under the gun, but Senator Warner was here before me. Senator Warner. Please go ahead. Senator Wyden. Are you sure? Senator Warner. I am not even on the committee. He is letting me come. Senator Wyden. Oh, my goodness. Well, first of all, let me thank you, Mr. Chairman and Senator Collins, for your good work on this issue. This is about making sure that our people have all the choices they want, that they can get the services they need when they need them. And I think it is important to set out right at the outset that the good and bipartisan work that Chairman Nelson and Senator Collins are doing is the opposite of rationing. This is the opposite of rationing. They are expanding services to vulnerable people and I commend them for it. Mr. Chairman, if I could, I just would like to introduce briefly--we have got an Oregonian here who is part of a pioneering effort. She is the leader in Oregon but also the national leader of a very important program called POLST, and it stands for Physician Orders for Life-Sustaining Treatment. Ms. Vandenbroucke is here to tell the committee about POLST, which is an approach to make sure that we can again emphasize the wishes of the patient, that the patient is in the driver's seat in order to get the kind of care that they deserve. It is a holistic method of planning for end-of-life care and also incorporates a specific set of medical orders that ensure that the wishes of the patients are being honored. And as we will hear from Ms. Vandenbroucke, it also helps to expand conversations with family members and patients and others so that everybody is trying to think through what kinds of options and the extent of care they would like in various kinds of situations. And as a result of those conversations, patients can elect to create a POLST form, which translates their wishes into actionable medical orders. The form assures that professionals are going to provide only the treatments that patients themselves wish to receive and are in keeping with the goals of their program. Ms. Vandenbroucke has a J.D. from DePaul, her undergraduate degree from Bucknell. We are very glad you are here. I will only close by way of saying, Mr. Chairman, I think it is particularly timely that you are looking now as we think through what the next steps are in health reform. I was very pleased that as part of the Affordable Care Act, we were able to get something included that, for the first time, people who sought hospice care would not have to give up the option of curative care. Again, the opposite of rationing. So I just commend you, Mr. Chairman, and appreciate your letting me sort of parachute in here for a few minutes to make an opening statement, and Ms. Vandenbroucke, we are very proud that you and the POLST program are being featured today and we thank you, Mr. Chairman. The Chairman. And, Ms. Vandenbroucke, you realize that your Senator from Oregon is the next Chairman of the Senate Finance Committee. Ms. Vandenbroucke. I did not. Thank you. The Chairman. Senator Warner. OPENING STATEMENT OF SENATOR WARNER Senator Warner. Well, thank you, Mr. Chairman and Ranking Member Collins. I also appreciate the courtesy. I am not a regular member of the Aging Committee, but feel this is one of the most important issues we have got to address. I have tried to address it as a Governor and as a Senator, but also as a son in a family where my mom had Alzheimer's for ten years. The last nine years, she did not speak. And our family did not grapple and do it right and we know the anguish that particularly my father and my sister, who were there 24-7 as caregivers, went through as we went through her final days. I want to pick up where Senator Collins' comments were, because we are very much dovetailing that 93 percent of Americans who say advance planning ought to be part of our health care system. And what I also emphasize with Senator Wyden is this is not about rationing. This is about expanding options and honoring people's choices. And picking up again where Senator Collins is, during the last two Congresses, I have had legislation, the Senior Navigation and Planning Act, which helped to try to grapple with a lot of the very same issues. How do you get that consultation? How do you make sure directives are honored across State lines? How do you rationalize something that is still a patchwork? This year, I have been working with my colleague and good friend Senator Johnny Isakson from Georgia, where we are reworking and revising the language, and we are not quite ready yet, but we do hope in the next couple of weeks to introduce the Care Planning Act, changing the name, as well. And echoing what everybody has said, it is to align the care people receive with the care they want, no more and no less. The Care Planning Act is not going to try to fix all the challenges of advanced illness care but has targeted an effort that people, I think, will most benefit from, which is a planning process for people with advanced illnesses. These are the people who have the greatest need to, one, just understand their disease and what the potential outcomes and timelines are; think about their goals, values, and preferences, not only with medical professionals, but oftentimes with their faith leaders; three, choose in that setting with that consultation the care options that reflect their goals, values, faith, traditions, and preferences. And then, when they have made that choice, to find a way to document that plan, and that, again, we have an enormous quilt work of even the term ``advance directive'' is only a partially used term in terms of different States do not even have that terminology. This legislation will also shore up the Patient Self- Determination Act by requiring providers to provide qualified assistance to individuals who want help and by requiring discharge planners to assure that that care plan travels. Too often, we have somebody who may have had some advance directive in one State, but family members or others, they end up in a hospital in another State and their wishes are not respected. Some of the most fascinating conversations I have had at some time have been with hospital system operators, and you get them in a closed room and they will acknowledge that this is not handled in an appropriate way. I remember, as well, before I close here, that I had a series of meetings with faith leaders, and I remember one minister at one point saying, acknowledging that they were pretty good about the business of taking people through life and they were pretty good about people in the afterlife, but they did not really have a very good job of taking people through the transition. So we do think--at least I believe-- that faith leaders have an important role to play. So I want to again thank the Chairman and the Ranking Member for holding this important hearing and I look forward to hopefully having the opportunity to participate. The Chairman. Senator Donnelly. OPENING STATEMENT OF SENATOR DONNELLY Senator Donnelly. I am happy to participate in this and ready to listen to our witnesses. The Chairman. Okay. And I, too, and without objection, my opening statement will be entered into the record. [The prepared statement of Chairman Nelson follows:] [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] The Chairman. I think it is worth noting that only 29 percent report having a living will that states what their wishes are in end-of-life care, and that was one of the reasons I had a little bit to do with when Ron Wyden and I were doing, in the Finance Committee, the health care bill, of getting in there where there would be a consultation on advance directives. And what we got in the bill was that that was going to occur on the first consultation with regard to Medicare, when a person became eligible for Medicare. But since then, we have tried to get CMS to put the advance care planning as a part of an annual consultation and CMS removed it. We also want to get the Department of HHS to update its research on advance directives. So, we have a star-spangled board here of witnesses to talk to us, and first, we are going to hear from Jim Towey. He served in official positions. He has been on the staff of Senator Bob Graham. He served as the Director of the White House Office of Faith-Based and Community Initiatives. He has been the president of a small Catholic college in Pennsylvania. He is now the President of Ave Maria University, which is near Naples, Florida. He is a Floridian and, in the fairness of disclosure, he is one of my dear personal friends who uniquely brings to this discussion today the creation of an advance directive called Five Wishes, which is distributed around the country. We also have Harriet Warshaw. She is the Executive Director of The Conversation Project. It is dedicated to helping people talk about their wishes for end-of-life care. And then we have, as Senator Wyden has already introduced, Amy Vandenbroucke, Executive Director of the National Physician Orders for Life-Sustaining Treatment Paradigm Task Force. And so you bring another unique perspective. And then we have Gloria Ramsey, a Registered Nurse, an attorney. Dr. Ramsey is recognized nationally for her leadership in the areas of end-of-life care, health disparities, working with vulnerable populations, particularly African Americans and disabilities. Dr. Ramsey, instead of reading a prepared statement, I would appreciate it, after you listen to the other three testimonies, which will all be of about five minutes in length, if you would comment on what you have heard and provide your expertise as a nurse and a medical researcher. And we have been joined by the very happy and smiling senior Senator from Massachusetts. [Laughter.] Senator Warren. Yes. The Chairman. Senator Warren, would you like to make a statement, and we are ready to start with our witnesses. OPENING STATEMENT OF SENATOR WARREN Senator Warren. Thank you very much. I appreciate it, and I apologize for being late. We have activities, and I am going to have to excuse myself before we are all through. This is also Senator Cowan's last day and he will be making his remarks from the floor---- The Chairman. Yes. Senator Warren [continuing]. So I will be joining him. But I do want to thank you and I want to thank Ranking Member Collins for scheduling this hearing and for reopening the conversation about advanced planning for medical treatment. Too often in today's health care system, medical care is focused on treating a disease, not on helping an individual patient. It used to be that a family or town doctor would treat a person for most of their lives for any medical issue. People and their doctors built up strong bonds over time and physicians knew their patients as unique individuals. Advancement in science and medicine gradually caused more and more doctors to begin specializing and only treating certain diseases or certain parts of the body, and now, according to the CDC, only 56 percent of office visits are to a primary care doctor. Patients, especially seniors, see several specialty doctors each year that focus on different aspects of the individual's clinical needs. So, we are slowly gaining evidence that coordination among doctors giving specialized care can improve a patient's quality of life and keep people healthy longer. I am proud that Medicare demonstrations like the Care Management Program at Massachusetts General Hospital are contributing to this evidence and improving our outcomes for seniors. Through the Affordable Care Act, we are encouraging even more coordinated care through medical homes and Accountable Care Organizations. But in all of the talk about improving coordination and quality in health care, I think we have missed something vitally important, something we used to know way back when we had only one town doctor. Patients need to be treated like whole people, people with loved ones and families, people with dignity and values, not like a collection of parts and problems. Somehow, we need to make sure that people are still being heard in medicine. So I am looking forward to the testimony of our witnesses today, hearing about the tools that we have available to help patients participate in medical decision making along with their physicians and their loved ones, and about what stands in our way so we can begin to work through the barriers and ensure that our seniors' voices are being heard. I want to thank you all, and again, thank you, Mr. Chairman. The Chairman. Thank you, Senator Warren. Senator Ayotte, we are already teed up, ready to go, but we want to hear any comments that you have prior to their testimony. Senator Ayotte. I will just wait for the questions. Thank you very much for this hearing. The Chairman. Yes, ma'am. Okay. Mr. Towey. STATEMENT OF H. JAMES TOWEY, FOUNDER, AGING WITH DIGNITY, AND PRESIDENT, AVE MARIA UNIVERSITY, AVE MARIA, FL Mr. Towey. Thank you, Mr. Chairman and members of the committee. It is an honor to be here before you. I am happy to be the warm-up act for this distinguished panel, and it is also good to be back working here in the Senate after working for Senator Hatfield seven years. I was here when the Hart Office Building opened, so for me to be here before the Aging Committee is also appropriate. It is holding up better than I am. [Laughter.] But getting old or becoming ill is not a curse. It is part of life, with its own unique blessings and demands, and people should not dread old age. But why do so many? In part, I think it is because our health care system has turned dying into a medical moment and has many who are ill feel powerless, as though they are objects on some health care conveyor belt. So dying in America is too often characterized by poor pain management, loneliness, and spiritual starvation. From the beginning, Aging with Dignity was an advocate for consumers and individuals, particularly the disabled and the poor, who had the most at stake, arguably, when it comes to preserving their fragile human dignity. From the day in October 1998 when the late Eunice Kennedy Shriver and I launched Five Wishes, I have witnessed firsthand the need for people to have advance directives and also their reluctance to engage in discussions with family members and medical personnel about their wishes during times of serious illness. So I would like to turn to the topic of advance care planning first by citing some of my thoughts on how it came historically. Of course, when it started with Living Wills, very few used them and they were written in language that was beyond their reach, often by lawyers and individuals with graduate educations. And so you saw that this led to the Patient Self-Determination Act, which was a very important act of Congress in 1990 and placed the primary role of decision making with the patient and his or her designees. Over the past 15 years or so, advance care planning policies generally improved in ways strengthening patient rights, and I think Five Wishes has been part of that nationally. When I began this project with Five Wishes, there were 17 States that required you to use a mandatory form, and now there are only eight States, and Charlie Sabatino here from the American Bar Association has been a real leader in that movement. But what has often happened seems to fly in the face of the Patient Self-Determination Act and what happens with the protection of patient wishes. So I think that while we have seen progress with advance care planning, we are also seeing novel improvements and novel challenges. Certainly, POLST has a lot of promise, and I commend the work of my colleague here in advancing POLST, because unlike advance care directives, POLST does not require interpretation. It is an actionable medical order. And I think that that is great. I think for you to have a physician order in place during times of serious illness is important. And I think that we also have to be very mindful that if you have POLST used in situations other than when individuals might be in their last year of life, you could run into differing opinions on its usefulness, especially whether a patient's family members were consulted or not, because I think there is a lack of consensus on how far upstream POLST can be used and should be used and whether there are other concerns that would be of importance to Congress. So I am going to raise, simply, five points really quickly on POLST. I think that the order should clearly note it is intended for people diagnosed with a life-threatening illness that could lead to their death within the next year. That is how POLST began. I think it is important to keep it moored to that. I think the order should include space to describe qualifying conditions and diagnosis, so if the patient is seen also by another physician in the future, it is easier to determine the qualifying conditions and the wishes of the patient. I think that the order should note who discussed this with the patient. I think, also, POLST should not deny the rights of health care surrogates and the individual's right to designate an individual to speak for them when they cannot speak for themselves. And, of course, it should not be effective indefinitely. Finally, I would like to simply say to this committee that I applaud your leadership, Mr. Chairman. Back in 2005, when you first sponsored legislation to add advance care planning as one of the items discussed in the ``Welcome to Medicare'' visit, and I urge your continued efforts and success. We know that this can become a real flash point in the public square. It happened with the Affordable Care Act. It could happen again if there is not a thoughtful discussion like we are seeing today by this committee. Finally, I would just like to simply say in the way of recommendations that I hope that you consider national legislation to affirm the Patient Self-Determination Act, that you make advance care planning consultations reimbursable, that you members lead by example and have yourselves and your family members and staff members availed the opportunity to do advance care planning. I am happy to provide Five Wishes. You will not have to disclose it on a gift form. We give them away free when needed. And, also, I am hoping that as POLST is developed and further integrated in our health care systems, that it is done in a way that stays true to why it was introduced in the first place, which I think was a necessary improvement on helping families get the kind of end-of-life care they want in a care setting. So with that and my time up, I want to simply thank you for this opportunity to come before this committee and to participate in this discussion. [The prepared statement of Mr. Towey follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] The Chairman. Thank you, Mr. Towey. Ms. Warshaw. STATEMENT OF HARRIET WARSHAW, EXECUTIVE DIRECTOR, THE CONVERSATION PROJECT Ms. Warshaw. Thank you. And on behalf of Ellen Goodman, who unfortunately cannot be here because she is in Barcelona today at an international health care conference, and our Board of Directors, I would like to extend our appreciation to the committee for inviting us here today. The Conversation Project is a national public engagement campaign dedicated to helping people talk about their wishes for end-of-life care. We have a simple but audacious goal, to assure that everyone's end-of-life wishes are expressed and honored. The Conversation Project grew out of Ellen's personal experience with her mother's journey through the health care system. It was a journey that Ellen was not prepared for, filled with many decisions about what kind of care her mother would need since her mother was no longer able to make these decisions for herself. Ellen was very close with her mom. They talked about everything. But the one conversation they never had was how her mother wanted to live at the end of her life. After her mother had experienced what Ellen would call a ``hard death,'' leaving Ellen filled with uncertainty about what her mom might have wanted, Ellen began telling her story to her friends. To her surprise, she learned that others had similar experiences with their loved ones. Ellen, being Ellen, she looked for a path to see how she could improve the way others experienced the death of a loved one. Ellen reached out to a group of colleagues and concerned media, clergy, medical professionals, to share stories of good deaths and hard deaths within their own circle of friends. They realized that the difference between the two experiences often hinges on whether or not they had had the conversation. The consensus from this group was that although some progress had been made in the field of end-of-life care over the past 30 years, major change would not occur until there was pressure from the outside pushing the health care system, respectively, to be receptive to and solicitous of people's wishes for their end-of-life care. From this discussion, The Conversation Project emerged as a grassroots engagement campaign to change the cultural norm from not having the conversation to having the conversation around the kitchen table with our loved ones long before there is a medical crisis. To do this, we have embarked on a three-part strategy using traditional and new media, collecting stories of good deaths and hard deaths to share with others, and to make The Conversation Starter Kit tool accessible to people where they live, where they work, and where they pray. Our hope is that our work will give people the confidence and courage to have the conversation about their end-of-life wishes, first with their families and then with their health care providers, long before there is a health care crisis. We have been overwhelmed by the public's response to The Conversation Project. Since our official launch in August of 2012, our story has been covered by 200 news outlets, including the New York Times, the Wall Street Journal, ABC News and World Report. Our innovative Web site has been visited by over 100,000 people in the first six months, and strikingly, almost 50 percent of those who have visited the site have downloaded the starter kit and other tools. We have been asked to speak in front of national, State, and local organizations, businesses, and health care communities. What we have learned during the past ten months is that we have touched a tender nerve within the American public. There is a deep desire to have end-of-life conversations with our loved ones, but people do not know how to begin. This disconnect is consistent with the findings of the California Health Care Foundation, which found that 60 percent of people say that making sure that their family is not burdened by the tough decisions is extremely important. Yet, 56 percent have not communicated their end-of-life wishes to their loved ones. We know that in Massachusetts, 17 percent of people have had end-of-life conversations with their physician. And in California, only seven percent. As a result, while 70 percent of people say they prefer to die at home, surrounded by their loved ones, the reality is that 70 percent are spending their last days in hospitals and other health care facilities. We have learned that our goal that people expressing end- of-life wishes resonates with communities across the country. We have been welcomed into California, into Contra Costa County, to work with medical societies, businesses, faith-based communities, to make the county conversation ready. We have been asked to convene and speak at educational forums in Boulder, Colorado, that was started by residents and in a forum that had over 300 residents in attendance. We have spoken at day-long forums at Wake Forest University sponsored by the Medical School, the Divinity School, and the Center for Bioethics. And there is now a pipeline of communities from the State of Rhode Island, to Kennebunkport, Maine, to Akron, Ohio, to Chicago, Reno, Tucson, Portland, Oregon, and the State of Hawaii, all who want to initiate The Conversation Project. One thing is for sure. No matter where we live, no matter what side of the political aisle one sits on, we have, each of us, experienced, or will experience, the death of a loved one as well as our own mortality. The question for each of us is what we want for our care towards the end of our life and how we are going to assure that the wishes of our loved ones and ourselves will be expressed and honored. We believe that the best place to start is around the kitchen table, having an honest and open conversation with those we love. Our simple transformative goal is that we will be asking, have you had the conversation, and hear in response a resounding, ``Yes.'' And so, our question to each of you here today, respectfully, is have you had the conversation? Thank you. [The prepared statement of Ms. Warshaw follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] The Chairman. I have had part of the conversation. [Laughter.] Ms. Warshaw. We will help you with the other part. The Chairman. And, having gone through the loss of a couple of family members recently, I cannot say enough good things about hospice and especially when you try to create the environment that you are speaking about---- Ms. Warshaw. Absolutely. The Chairman [continuing]. At home, surrounded by the family and the loved ones, and that, in what is otherwise a painful experience, is a positive experience. Ms. Vandenbroucke. STATEMENT OF AMY VANDENBROUCKE, EXECUTIVE DIRECTOR, NATIONAL PHYSICIAN ORDERS FOR LIFE-SUSTAINING TREATMENT PARADIGM PROGRAM Ms. Vandenbroucke. Thank you. Even though he is gone, I want to thank Senator Wyden for his kind introduction. Chairman Nelson, Ranking Member Collins, and other distinguished members of the committee, thank you so much for having me here today. My charge is to describe the POLST Program to you. As you have heard, POLST stands for Physician Orders for Life-Sustaining Treatment and is a specific set of medical orders that document the treatments that a patient does or does not want in the time of a medical crisis. As detailed in my written testimony, it provides orders to health care professionals, including emergency personnel, on resuscitation, other medical interventions, antibiotics, and artificially administered nutrition. The POLST Program is not just a specific set of orders on a form. It is also an approach to end-of-life care planning based on conversations between patients, health care providers, and loved ones. It was created over 20 years ago by a multi- professional task force convened by the Center for Ethics at Oregon Health and Science University in Portland, Oregon. POLST was subsequently adopted by Oregon's medical profession, ensuring that health care professionals could honor the treatment preferences of patients diagnosed with serious advanced illness, regardless of where the patient is during an emergency. The POLST Paradigm Program has developed through grassroots approach in some States, like Oregon, and through State legislation and regulation in others. In 2004, the National POLST Paradigm Task Force was created to develop a set of standards for POLST Programs. The Task Force is charged with endorsing programs when they have proven that their program falls within those standards. Currently, we have 16 States that have endorsed programs and we have 25 States that are working towards this endorsement. The Task Force also mentors States developing POLST Programs, States like Maine, Senator Collins. Thanks to the Retirement Research Foundation, Maine's coalition received a three-year grant to develop their POLST Program in accordance with the national standards, and my predecessor, now me, has received funding to formally mentor Maine. And through this, they have been able to develop their program, and this year, I will be helping them submit their application for endorsement. There are several other States that also receive funding, such as Florida, Pennsylvania, Rhode Island, New York, West Virginia, Connecticut, Tennessee, Illinois, New Hampshire, and others. In Mr. Towey's testimony, you did hear about advance directives, and in my written testimony, I describe the detail between--the differences between POLST and advance directives, but I want to highlight two here. First is the target patient population. While all competent adults should be encouraged to have advance directives, the POLST form is not appropriate for everybody. It is only when a patient is diagnosed with a serious advanced illness that a POLST form would be appropriate. For those patients, they are able to consider their specific diagnosis and prognosis and their goals of care and then complete a POLST form so that they have standing orders for emergent or future medical care reflecting those goals. The second is that this is a medical order signed by a health care professional giving orders. POLST forms turn the wishes expressed in an advance directive into action as a medical order. Max's story, which I included in the written testimony, is a great example of when an advance directive is not enough. He had clearly documented his decisions on the treatments he did not want to receive when he was diagnosed with progressive heart condition in an advance directive, but when he collapsed as a result of that condition, the EMTs responding were unable to honor his wishes because they did not have a medical order. And for EMTs, when they are responding in a medical emergency in Oregon, they need to have medical orders. Otherwise, they have to do everything possible to attempt to save a person's life. And the POLST form can convey those orders. Max's death would have been very different if the responding EMTs had had the POLST orders to direct his care. He would have been allowed to have the natural, peaceful death that he so greatly desired, and his family would have had the comfort of knowing that his wishes were honored and respected. There is still work to be done. As you likely know, electronic medical record systems can be complicated, and even though a record can be in the system, it may not be easily located. Although POLST is primarily a State effort, we invite the committee's endorsement of a uniform standard for electronic medical record systems to ensure that documents that are needed at the time of an emergency to honor a patient's autonomy are easily found, ideally with a single click. Four final observations about POLST. First, comfort measures are always provided. In fact, research now shows that a patient with a DNR and a POLST form is likely to receive more palliative care than those with just a DNR. Second, POLST is voluntary. The POLST--the National Task Force does not endorse or encourage programs where the completion of the POLST form is mandatory. Third, POLST can be easily modified or revoked. The Oregon registry shows that about 15 percent of all POLST forms submitted each month is a modification of a previous form. So as a patient's disease progresses, their care goals can change and their treatment preferences can change, so it is fundamental to the POLST Program that we allow for that. And, finally, this is the patient's voice. Either the patient is the one having the conversation with the health care professional filling out the form or their surrogate is. So if the patient's voice is not heard, the surrogate is the person to look to. By encouraging the advance care planning conversation between health care professionals and patients and by completing a POLST form when it is appropriate and desired, we are respecting patient autonomy. I appreciate the opportunity to be with you today. Thank you. [The prepared statement of Ms. Vandenbroucke follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] The Chairman. Thank you, Ms. Vandenbroucke. All right, Professor. You have heard the testimony of the previous witnesses. What do you think? How would you advise us? STATEMENT OF GLORIA RAMSEY, R.N., ASSOCIATE PROFESSOR, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES Ms. Ramsey. Great. Thank you. Thank you, Mr. Chairman, Ranking Member Collins, and distinguished members of the committee. I am really pleased to have the opportunity to speak with you this afternoon and to comment on the testimony that we have heard thus far, and also to have an opportunity to share with you some of the research that I have been engaged. I would like to begin with the comments or the testimony from Mr. Towey. At the onset, we heard about individuals who are poor, who are disabled, and who are powerless. It is the vulnerable populations that I would like to underscore that have not been a part of the discourse over the years. Although the PSDA was passed in 1992, as Mr. Towey said, not all communities have been a part of the conversation. I would also like to comment with Ms. Warshaw and The Conversation Project and the idea that this is a grassroots effort, and believe me, change comes from the grassroots community, that the cultural norm needs to change, that these conversations need to happen where we work, where we live, and absolutely where we pray. My research largely embraces the faith community, and I will share that in a bit. Also, I would like to underscore that there is a deep desire to have the conversation, but individuals, even health care professionals, need assistance. They need help in how to begin the conversation, and that is equally important. And having it at kitchen tables sounds like a really great place, before the crisis, before the medical event when everyone then is uncertain about what is afoot. And, lastly, Ms. Vandenbroucke's comments about the POLST and really introducing yet another opportunity to engage the patient and the patient's voice. And it is all of these efforts that, I submit, are important for us as we renew the conversations that we have been charged with today, and we thank you for the opportunity to revisit some of what has occurred. And to that end, I would like to say that the views expressed are personal and do not reflect those of the Uniformed Services University of the Health Sciences or the Department of Defense. As I think about my own work, certainly starting in 1992 with the U.S. Supreme Court's decision in Cruzan v. Director, Missouri Department of Health, and the Congress' passage of the PSDA, this was a wonderful opportunity, if you will, to begin to inform patients of their rights to accept and refuse medical and surgical interventions. Today, we have heard statistics about the number of persons who are completing those, and I will certainly say to you, those who come from racial and ethnic diverse backgrounds as well as persons with disabilities, those numbers are far less. And since passage of these laws and in recent years, recent studies report on the differences in decision making among racial and ethnic populations and patients with disabilities, and generally speaking, patients facing end-of-life care have the need to feel a sense of control, to have their pain appropriately assessed and managed, and as Senator Collins said, to be treated with respect and as a whole person. Barriers to quality end-of-life care for African Americans stem from mistrust of the health care system, inability to access health care, inability to identify with providers, and the lack of financial resources, especially as death approaches. In my own research, we found significant differences between whites', non-Hispanic whites', and blacks' completion of advance directives and even their willingness to engage in health care planning conversations. Many feel that if they complete directives, that would be tantamount to an abandonment of care. So there is much to be done as we think about the health disparities that we see across our country, and yet the opportunity for us to really begin to elicit the patients' perceptions, beliefs, and values. In conclusion, African Americans and other racially and ethnically diverse populations' shared experiences, beliefs, and values influence their willingness to participate in advance care planning discussions, and advance care planning is an urgent public health concern and I thank you for renewing the conversation. [The prepared statement of Ms. Ramsey follows:] The Chairman. Excellent discussion. Senator Collins. Senator Collins. Thank you, Mr. Chairman. Mr. Towey, I think that most people believe that advance directives are used solely to give direction on the kind of care that a patient does not want to receive. But, in fact, they also, as your Five Wishes document shows, can be used to direct the kind of care that they do want to receive. How do we make sure that as health care providers discuss these issues with their patients, that they do so in a neutral way and not bias the decision one way or the other? I heard part of an NPR story this week that talked about how the way the question is asked can greatly influence the choice that is made, such as if you ask, do you want us to perform CPR if it means cracking open your ribs as we do so, you get a different response than if you put it in a different way. Mr. Towey. Well, Senator, I think you have identified one of the real defects with how Living Wills were promoted up until very recently. They were biased in favor of only communicating declination. I do not want this treatment. I do not want that treatment. Well, this has been remedied. As you said, Five Wishes now has let people choose to say, I do want in this circumstance of if I am seriously ill. I think beyond that, though, you get to the heart of the question, which is trust. There is such a mismatch. Many individuals have a crisis going on in their health before they even have these discussions. Then they are dealing with health care professionals that are speaking a language they do not understand. They are facing a health care system that has become increasingly more complicated. As a result, a lot of distrust exists. People feel mismatched and inadequate to the conversation. I think the nice thing about The Conversation Project and what we have been doing in Five Wishes since 1996 is pushing it away from the emergency room and into the living room, the kitchen, and so forth. But there is this trust element, which is why a health care surrogate's role is very important. And so often, if you do not have the conversation, then your surrogate is in as much of the dark as the health care provider. So I think that a good place to start, I think, would be for Congress to communicate to States in some way that they should not require individuals to fill out a form which says, I do not want care in--in other words, a form biased the way you describe. Currently, there are eight States that require you to fill out a State form. It is usually long. It is usually impossible to decipher by all but the most educated. And it is often of little or no use to health care providers. So a good start would say for the States to understand that these old vestiges of the past, where you have these antiquated Living Will statutes, give way to the more modern approach that lets people put their wishes in their own words. Let them have conversations, reduce it in writing, and communicate it to a health care surrogate, their health care professionals. That is the preferred route to go. Senator Collins. Thank you. Ms. Vandenbroucke, I was fascinated and touched by the story of Max that is in your testimony because it is so disturbing because he ended up getting care that was completely inconsistent with his wishes, and yet he had done everything possible to prevent that. You say in your testimony that EMTs have no choice but to do everything possible to save a life unless they have medical orders to the contrary, and I gather an advance directive is not considered to be a medical order, because you mentioned that his wife shows up with the advance directive and it does not do any good. I guess what I do not understand is how would the POLST system solve that? I mean, you are not going to be carrying the orders with you. Ms. Vandenbroucke. Well, you could. Senator Collins. But that is pretty unlikely---- Ms. Vandenbroucke. It is unlikely, I absolutely agree. So, you are right. To reiterate, the POLST is a medical order. It is not an advance directive, so advance directives are signed by individuals. A health care provider may never see it until there is a time of crisis and someone happens to be able to locate it at the time. But a POLST is a medical order signed by a health care professional. So in Max's situation, if his wife had shown up, and this is our bright pink form, with it, then they would have said, okay, yes. We have got these medical orders. It is signed by a professional, a health care professional, and we are able to do what this form says to do or not to do. In Oregon, we do have a registry, so there are also certain situations where emergency personnel show up, and in this situation, if Max had completed a form but no one had it with them, which would be reasonable, they could say, he has got a POLST form, and the emergency service people would call the registry and the registry would say, yes, this is the individual. Okay, he did not want CPR. He did not want this. Or, yes, he wants CPR. He wants that. And they would be able to act on those orders in the field at that time. Senator Collins. Thank you. The Chairman. Senator Warner. Senator Warner. Thank you, Mr. Chairman. I want to follow up with Senator Collins. I think, is this not again one of the reasons why, though, we need some incentives so that that POLST order can translate across the State line? Could you speak to that, Ms. Vandenbroucke. Ms. Vandenbroucke. Yes. So, we do have some States that have put reciprocity for POLST orders into action, or into their State legislation. Some States just do it from a grassroots perspective. I know recently in Oregon, there was an Oregonian that had been vacationing in Wyoming and they happened to have their POLST form with them and they had an emergency, and the Wyoming folks ended up calling the Oregon registry, confirming that this was, in fact, a medical order, and they were able to treat the individual based on their POLST form at that moment. But it is certainly something that we are looking to, especially with the endorsed States. If you are a State that is endorsed by POLST, you know that the form has certain elements and certain things are not included on it, and so there is some standardization across those. So it is pretty easy from a reciprocity standpoint between those States, but as we are building in other States, it is something that we are working on. Senator Warner. I would like to ask all of the witnesses, perhaps starting with Professor Ramsey, but just one of the things that we have been looking at in terms of--I think it is great, you have got to start the conversation, maybe in one setting, but then you have to then have that conversation with medical professionals that then gets translated into this medical order. The thing that we have kind of drilled down on, and starting with Professor Ramsey, but anybody could comment on, is that we found even within the kind of reimbursement that Medicare does right now, there is an availability to actually have a consultive team so that it is not just simply--it may be a nurse, it may be a social worker, it may be a doctor, so that there is some ability to help this kind of translation issue. Do you want to talk about that notion? Ms. Ramsey. Yes, sir. That is important, because one of the things we found in our work is that individuals from the community would like to see individuals from the community, individuals who they perceive understand their preferences, their values, their social-economic status, their spiritual beliefs, and the like. African Americans do complete advance directives. We use the Five Wishes document in our research, and more than 80 percent of our persons have completed those. So to get a health care team who absolutely understands and appreciates the diversity and the inclusivity and also the cultural nuances and language considerations, as well, is important to really fully engage, and the Five Wishes document, again, was certainly one of those that was very successful in our community and that we encourage our individuals to go to our local health care facilities with the document and the team is educated to know that it is a legally binding document and it is respected. Senator Warner. I might just want to add, too, that one of the things we are looking at adding in our team is that ability to have that faith leader as part of that team, as well. Does anybody else want to comment on that? Mr. Towey. Yes, if I could just add to that, because I think it is not only just an issue of trust, where individuals want to believe that their wishes are going to be followed. There is a concern if the conversation is being held with individuals who have a financial stake in their decision. So if an individual is saying, I want the works until the very last breath, there is a financial dimension to that communication versus one that says, no, I do not want my sternum cracked. Please do not do this. And so as you move upstream, and you have, I think, very correctly said, Senator Warner, that you have got to go beyond just filling out a document and having a remote conversation. You actually have to have actionable plans, which is what I think POLST came into existence to remedy and has done effectively. Beyond that, you have got to have parties involved that are disinterested, that do not have a stake, that have no skin in that game financially. Otherwise, there is a feeling that people have that if they do not give the right answer, they may have trouble in their health care setting if they are feeling pressured to say, I do not want care. So that has been our experience. I am not sure how to remedy it, but again, I think the more communication is in place with the health care knowing exactly what that individual wants, I think it helps them further upstream when there is a crisis. Senator Warner. But it is kind--and I want to hear from Ms. Warshaw--but it is a little bit of you have both examples. You have the example of someone feeling pressured maybe to kind of check too many boxes, but I will tell you, you also hear lots and lots from hospital systems where they will acknowledge where the absent relative who has not seen Grandma for months comes in feeling guilty and says, do it all. Disregard the wish of the patient. And trying to get that right is a real balance. Ms. Warshaw. Ms. Warshaw. Thank you. I just wanted to comment, also, about the need to help our health professional staff feel comfortable having these conversations. What we have seen is they are humans, just like us, and find it challenging to have these conversations. And so we have been working with care managers, physicians, asking them to take off their professional hat, go through the starter kit, and experience what it is like and how challenging it is to have these conversations so that they then can lend that empathetic understanding and be ready to receive this discussion with their patients, because so few doctors feel comfortable starting the conversation, so---- Senator Warner. Thank you, Mr. Chairman. The Chairman. Senator Warren. Senator Warren. Thank you, Mr. Chairman. So, Ms. Warshaw, I appreciate your question, and you asked, have we had the conversation. We should lead by example. I just want to take this chance to say publicly, yes, I have had the conversation. I had it twice. My Aunt Bea started in about 40 years before she died--she died at 98--having the conversation. She was a shy, self- effacing woman, but she was determined that I would know what she wanted when the time came. And when we lost my mother very suddenly, my father after that insisted on having the conversation. Both of them said, ``Betsy, we will be depending on you.'' And I just want to say about the conversation, I had the confidence that I was doing what Aunt Bea wanted, what my Daddy wanted. It was their final gift to me, and that is what really mattered about the conversation. Ms. Warshaw. I have had it with my two adult children, young adult, but adult children, and it was a hard conversation to have because nobody wants to have this. No one wants to think of their parents' mortality. But, to me, it is a gift to them. It is unburdening making such difficult decisions. I never want them to have any regrets, and I had wonderful role models with my parents. Both of them have passed away, but I knew exactly what they wanted, and the last period, their end of their life, was a joy to be with both of them. Senator Warren. Yes. So thank you. Thank you, and I encourage everyone to have the conversation. But what this discussion shows are the many benefits that we have from treating the whole patient, and the quality of life both for the patient and for the loved ones, and how we should strengthen our ways for getting more information here. And we have heard some great tools today. But the question I want to ask is how we can improve our Medicare program to make certain that seniors are being treated with dignity and respect, receiving the quality health care that is consistent with their individual values. You know, there is a lot of power in Medicare and I just want to start there, if we can. Dr. Ramsey, could you comment on that, please. Ms. Ramsey. Great. Thank you. Again, in terms of my personal opinion, in terms of what the Federal Government has done, looking back in 1992 with the PSDA in terms of what were some of the opportunities that this particular legislation has provided, we have heard today that there is--Senator Warner is working on proposed legislation. And so I think that each of these that will have teeth, if you will, that actually expresses some guidance, would be enormously helpful for us. I think there was a lot of good that has come out of the PSDA. Was it--did we complete our total objectives? Not so much, but certainly, we are long on our way. So I think that in terms of using prior laws, examples such as that particular Federal law, will help us as you look forward with the current legislation. Senator Warren. Thank you. Mr. Towey, would you like to add anything on that. Mr. Towey. Yes, Senator. It is the reimbursement system. So you have got to incent good practices, and so there should be review of how hospitals and care facilities and care providers are doing with urging individuals to do advance care planning and have discussions. Certainly, funding hospice in ways that gets them an earlier encounter, an earlier discussion with patients. They often are only brought in at the very end. There is a bias--it has been documented by the Dartmouth research that there is a bias toward hospitalization and curative care to the point where individuals, had they known what they were going to face the next 90 days, would not have tried radiation a third time. But, often, this is not communicated. It is simply a physician saying, we are going to try this. So these conversations are best, I think, also incented in medical schools, where you start training the next generation of care providers to understand that if you are really going to be in the caring professions, you cannot simply treat them as an object for your health care practice, that you have to help them understand, here is what is ahead if you choose this option versus this option. Often, the patient has no access to a physician, and so then the discussion is held by a social worker who has no idea who the individual is and it is broken down from the very beginning because their caseloads are too great and they are not funded any more by Medicare. So I think that a good way for Medicare to leverage its money is to incent good practices and also for us to be doing more with the medical schools to inform them about good pain management and earlier referral to hospice and better information for families and patients. Senator Warren. Good. Well, I see my time is up, but I just want to say, thank you all. Thank you for the work that you do every day. And thank you again, Mr. Chairman, for reopening this conversation for all of us. The Chairman. Thank you, Senator. Senator Whitehouse. Senator Whitehouse. Thank you, Chairman. Let me join the rest of the panel in thanking you and in thanking the Ranking Member for having yet another hearing on this issue and continuing to persist for results. This is so important. Ms. Vandenbroucke has Max. I had Martha, and it was the exact same situation. She was a very, very proud lady. She was determined that she was going to go out on her own terms, and she had her advance directives and everything else laid out, but she passed away in Virginia. And at the time, if you did not have a bracelet around your wrist that showed that you had signed up for this very specific program, the exact same thing happened. The EMTs came. She could have had her doctor, her lawyer, her priest, her family, her advance directive all right there saying no and the EMT would have said, well, tough bounce to all of you. We are doing what we are doing and we do not care. And they were legally obligated to do so. It is not because they are cold-hearted people. So fixing that, I think, is very important. And we are working on MOLST in Rhode Island. Maureen Glynn, who used to work for me in the Attorney General's office, is leading that charge and is doing a terrific job and we are trying to get it through the Health Department right now. I want to thank particularly our Catholic Diocese, which has been extremely productive and helpful in the MOLST. Ms. Vandenbroucke says POLST for Physician. We call it MOLST for Medical, but it is the same idea. The Catholic Church has been very, very productive in this discussion, has been very, very helpful, and in a State as Catholic as mine, it makes a big, big difference. And so keep doing what you are doing. If there is more that we can do to push this forward, give us advice, I am directly involved in that process in Rhode Island and I would love to be helpful in any way that your organization can give us advice. And thank you for reminding us, Ms. Warshaw, about the conversation. It is important to have. And I will reassure people that I have had it on both ends and I do not think it is that bad of a conversation. Kind of screwing up your guts to raise the subject is the hard part. Once you start talking about it, it tends to bring a cone of trust and of affection and of family reciprocal loyalty out in people. And so I do not think it is a conversation that we should be the least bit scared of or dread. In fact, every time I have talked to somebody about the conversation, when they are done with it, they feel way better than beforehand. It is not something where you walk away from it thinking, oh, that was a real ordeal. It is the exact opposite of that. It is a good thing for families to have that conversation. We are in an environment here where we can observe that most people who die are old people. Most old people are on Medicare. Medicare will have a lot to do with how these decisions get made at the end of life. And we are also in a political environment in which something as vile and pernicious as the death panel notion was able to actually get traction and frighten people that there might actually be such a thing. So what do each of you think would be the simplest, clearest, and most hobgoblin-proof improvements that we could make to Medicare, either by changing the law or by pushing the administration to make administrative changes, that would be a step forward in this direction, maybe not the final step forward, but a doable, clear, simple, non-controversial step forward? And quickly, because my time is running out. Ms. Warshaw. So, since we are at the beginning of the food chain on this discussion and we are really interested in a whole cultural change, not just some---- Senator Whitehouse. We cannot do cultural change that quickly, with a simple change. What can we do that is simple and clear? What can we push for? What is the first step? Ms. Warshaw. Well, then I would suggest working with health systems to put the starter kit in every primary care physician's office. Senator Whitehouse. Okay. Ms. Vandenbroucke. Ms. Vandenbroucke. I would say--I know it is not necessarily non-controversial, but promoting that conversation. As Mr. Towey said earlier, the advance directives in some States, you need a Ph.D. to understand what they are saying and what they are asking for, and really, unless you have the conversation with a health care provider about what your options are, you are going to be believing that if you have CPR, or if you need CPR, it is going to be a couple of presses on your chest, you are going to be fine, because TV shows 75 percent of people that have CPR on TV walk away, when the reality is it is more like eight percent. And so people just do not even understand simple concepts, much less---- Senator Whitehouse. We rewrote ours in Rhode Island because they are usually done when people are drafting their wills. Ms. Vandenbroucke. Yes. Senator Whitehouse. So they are written by lawyers and for lawyers. Well, lawyers are not going to read them. Doctors are going to read them, and doctors speak a different language than lawyers, so---- Ms. Vandenbroucke. Exactly. Senator Whitehouse [continuing]. We changed it from lawyerese to doctorese, and that helped at least a little bit. My time is expired, so let me just ask if you could reflect on my question as to what simple, clear steps would be that would be a good step forward, that are achievable in an environment in which the notion of a death panel might actually take footing, and just get back to us, because I do think that---- Senator Warner. Share it with all of us. Senator Whitehouse [continuing]. We very much want to work together on this issue. This is a truly bipartisan issue and a truly human and humane issue, and I appreciate the wonderful work that you are all doing to advance the cause. The Chairman. I always learn something from Senator Whitehouse, and today, I learned this beautiful turn of a phrase. Cone of trust. Senator Whitehouse. Modeled on Maxwell Smart's cone of silence. [Laughter.] The Chairman. Senator Ayotte. Senator Ayotte. Thank you, Mr. Chairman. I appreciate all of the witnesses being here on such an important topic, and I know that there was a question asked to some extent when I was out of the room on this, but what I have heard from some of my concerns from constituents is that they have a situation where they either have two homes or they are traveling to visit a family member. Where they have an advance directive, they are worried that if--I have heard some, frankly, really bad stories about people who had advance directives, but one State did not respect the advance directive of another. And I know that some States do have some reciprocity, but what is it, in your view, that we could help make sure, not even--that States would respect the decisions and making sure that it is--the advance directive is drafted in such a way that there is some universal recognition? If you could help me--I know you may have already answered this, but this is an important issue that I think if we are going to respect people's wishes in this regard, you know, we are a mobile society and there are too many of these stories and we never know when something is going to strike someone. Mr. Towey. Well, Senator, I think you have raised a very important issue, which is being able to carry your--nobody travels with their advance directive unless they are really on top of things. So Five Wishes is a national document used in 42 States. Eight States, of course, have language that requires you--and their statutes require you to use their form. But you still have the Patient Self-Determination Act, which provides individuals this right as a Federal right. It has not been tested in court. Who wants to be a test case? But it is our view, as an advocate from the consumer standpoint, without any stake in the health care financing system, it is our view that they should be able to write it on a paper bag, their wishes, if they wanted to. It is not an effective way. It is not a good way. But it brings out the rights of individuals to communicate their wishes the way they would like. So I think what the Federal Government could do is renew its point that the Patient Self-Determination right supercedes State statutes that are limiting an individual's exercise of their Patient Self-Determination right, at least as it applies to Medicare and Medicaid. You are paying for it. Why could we not see these States that have these mandatory forms recognize if they do not get with the better practices, they will lose their Federal funding? But until you do that, you will have this fractured system in place. Now, people with Five Wishes, fortunately, can travel to most States. But a lot of places, you run into horror stories, where individuals did not have their advance directive and a State will say, well, we do not honor what you have. You did not fill out the State form. Senator Ayotte. No, I appreciate that. I do not know if anyone else has anything to add on that. One of the issues is we have talked a lot about, certainly, this issue with regard to end-of-life decisions when it comes to the elderly, which is, I think, very important to all of us. I am blessed to have a 97-year-old Grandfather and a 96-year- old Memay [phonetic] that are still with us, and, frankly, the sharpest people in the family when it comes to what is happening in the nation's capital. But I think that one of the issues, when we think about it, this is not just an issue of impacting the elderly--we are here in the Aging Committee--but how do we start this conversation with people throughout their life, even younger people? You do not want to think about, obviously, when you are young, anything happening to you, but tragedies can happen at any moment in life and so this is sort of part of the life continuum. And so I just wanted to get your thoughts on--it is kind of like we are getting to the point where you are older and we are going to have this conversation, and it almost becomes a harder conversation because we are not incorporating that for some younger people in younger situations that can find themselves, obviously--none of us wants to think about this, but all of us want to make sure that our wishes are respected. Ms. Warshaw. So, one of the ways that The Conversation Project is addressing this is recognizing that we need to start the discussion with people where they work, where they live, and where they pray. And so we have been working with employers to have this conversation with their employees, no matter what age they are. We have brought together in Boston 20 faith-based leaders, actually, two weeks after the Marathon bombing, and had an extraordinary working session with them. Together, we are beginning to develop a faith-based strategy for Boston that encompasses every faith being represented and universally, not by age, bringing it to the faith-based communities. So, I think that you are right. As we learned in Boston, you get up in the morning and you do not know what is going to happen. And so we are trying to bring this concept, and that is why I say it is a cultural change, and we are hoping that we promote the day after Thanksgiving as ``Talk Turkey'' day with your family, when everybody is around, to have the conversation. So, if the government with Medicare would like to be a partner in this media campaign with us, we would love to have you as our partner. Senator Ayotte. Thank you. I appreciate you all being here. The Chairman. Having been whipsawed on death panels and having gone through the experience of a Floridian, Terri Schiavo, I would think that younger people would want to go ahead and complete an advance directive. But, of course, we see the opposite in the statistics that you have given us. What do you think, is it human just ``put off until a later day'' kind of attitudes that is preventing us from having these discussions, and also of actually executing advance directives? Tell us what you think. Ms. Vandenbroucke. I heard about a book recently, and it was written by a young woman, and it was something like The Things That I Didn't Know I Needed to Know as an Adult. And I think with advance directives, at least in my experience, being somewhat still young, people just do not know and they do not know the laws. I was in-house counsel at Oregon Health and Science University and one of the things that surprised a number of people is that the Oregon law, once you hit 18, there is no one that is legally designated to speak on your behalf. They expect you to fill out an advance directive to say, this is the person that can speak for you if you are incapacitated, and people just do not know that and they are not thinking about it. So, trying to get people aware of truly what can happen to them is, I think, something that can be an eye-opener, having a good story and just kind of communicating it that way. Mr. Towey. Senator, not only taking it to the workplace, and also, when you talk to young people--I am at Ave Maria University--the last thing they are thinking about is their mortality. So, one of the things that we have done with young people that has been helpful is to say, if you want to be a good son or daughter, have you talked to your parents about what they want so you can be there for them when they need you the most? And that has been effective to a point, because they do not mind getting in the face of their parents. And the real problem, when you look at the numbers in the Medicare and the Baby Boomer population, that group is going to live forever. Mick Jagger is going to be holding rock concerts until he has to have both hips replaced, and so they are, thankfully, joyfully forever young. And so trying to get the Baby Boomers engaged, I think, is even a greater, more important challenge for Congress, because they are the ones that are the consumers and so many of them do not have this. And they have also--I put in my testimony, their profile health-wise is terrible. They are failing relative to previous generations on their health. So they are going to be needing more expensive care, more frequent care, and yet they have not even communicated their wishes. So we find that getting the kids to go to their parents now has been an effective strategy. But I think, lastly, is the faith community. They do not have any skin in the game, so they are able to speak with a voice that is unbiased, that is not tainted. There is no perception of a conflict of interest. Certainly, getting the leadership of our faith communities engaged in this discussion would be very helpful. The Chairman. And how do you take the information from a form such as Five Wishes and get this transferred over to Ms. Vandenbroucke's form that actually has the doctor executing? Mr. Towey. Well, in States that have POLST, you certainly want to communicate to individuals, particularly if they are sick when they are filling this out, that they should know about POLST. We, of course, talk about DNR, but that is not enough. POLST is much more comprehensive. So what you would like to have, Senator, happen, is first, the advance care document filled out. That is your legal right. The discussion with your health care surrogate who knows exactly what you want, including issues related to POLST. And then, third, in your medical discussion with the physician, it is the physician, too, who should be bringing up the POLST discussion. Do you have an advance care directive? And have you had any discussion about POLST? So, hopefully, that is how the sequence would work. Ms. Vandenbroucke. And I would just add that the next step is then putting it into the medical record in a way that it is easily found at the time of an emergency, because if you have the forms and we cannot find them, then they do not have much value. The Chairman. And, of course, if we can get HHS to require this in the annual Medicare visit, that is just going to all the more add to the conversation. Does anybody know why HHS would not put that in? Is it money? Mr. Towey. I can speculate that I think they are fighting about getting anywhere near the death panel issue again. The Chairman. Ah. Mr. Towey. And so I think until--if ObamaCare is fully implemented, I think there is a fear that it will get derailed. The discussion will get diverted. So I think there may have been a reluctance on them to engage. That is just my speculation. Gloria or others may have a different point of view. Ms. Vandenbroucke. No, I agree with that. That is one of the grassroots efforts, I think, of most States that are trying to develop or enact the POLST Program, is reaching out to health care professional facilities who have EMRs, like Epic, and get them to modify it in such a way that you have a header like the one that is on the last page of my written testimony, where you can easily click on it. But they are having to do that more on a case-by-case basis. The Chairman. Ms. Warshaw. Ms. Warshaw. Yes. I would just add that if we require our physicians to do this, we also need to educate them, because otherwise, it will just be a checklist. There will be a check- off and there will not be a really robust conversation. And it is the subtleties of that robust conversation that influences whether your real wishes are implemented. Ms. Ramsey. And I would add, in addition to the physicians, to the Advance Practice Nurses, the Doctors of Nursing Practice, the other health care professionals. I did want to comment in terms of the earlier comment about engagement of younger persons. One of the things that we are really seeing is that when you think about health disparities, the burden and incidence of disease among minority populations, whether it is cancer, cardiovascular disease, and the like, the burden of disease is taking its toll. And so the idea about why these conversations are particularly important is one that really has helped to upstream the conversation. So albeit the Karen Ann Quinlans and the Nancy Cruzans of the world were much younger, what we are finding with our work, because of the burden of disease and the lack of access to health care and the like, that we are seeing individuals who are living with chronic diseases and that we are forced--or at least it allows an opportunity to have a conversation, which is really providing access in a way that we have not seen in the past. The Chairman. Senator Collins. Senator Collins. Thank you, Mr. Chairman. As I have been listening about the debate on the discussion today, I thought of the fact that filling out a POLST order, for example, is very different at age 18, which was the point that Mr. Towey was making, than it is at my age or my parents' age. And I do not know that we should be encouraging college students to fill out advance directives and POLST orders. I mean, I could easily fill this out now, but when I was at age 20, my answers would probably be totally different than they are now, and Mr. Towey, I think, was trying to get at that point when he talked about when this should be used. And, Ms. Vandenbroucke, you did say it was in most cases when someone would have less than a year to live or something like that. But talk to me about this issue and when we start, Mr. Towey, and go down. I mean, should this conversation that Ms. Warshaw has talked about, Professor Ramsey has talked about--is not this conversation a different outcome depending on how old you are? Mr. Towey. Yes, Senator. I do think that individuals that are older, it is a more immediate question and they have a different perspective, different values. And so one of the things that we see in advance care planning is individuals change their Living Wills all the time, or they go to their health care agent and they say, ``I have changed my mind.'' I just saw a friend that had a bad experience. I do not want that to happen to me. And so you will see changes, which is why I believe POLST has great promise, provided that it is used and kind of limited to the situations for which it was created, which is in the face of imminent health difficulty, serious illness, so that it is not seven years later that something you said after a car accident is being applied to you now that you have had a minor stroke. So we urge there to be time limits on POLST for when it is written, and also the physician who is having that discussion with the patient, that there be documentation so you know who did it, so that there is a verification that this was done with the free, voluntary assent of the individual, because as Gloria has mentioned, many groups feel pressured, coerced, and inadequate to those conversations with a physician. Senator Collins. Thank you. Ms. Warshaw. Ms. Warshaw. So, as I said, we are at the beginning of this discussion, and so what we encourage people to do is to speak with their loved ones about what their values are and what they want their end-of-life to feel like or look like, not specifically what tests or what type of health care they want. So it will change over time, and I think if you had asked Ellen what the perfect name for our organization would have been, she would have said ``The Conversations Project,'' but it is too difficult to say. So we recognize that this is just the beginning and it is a lifelong conversation. Senator Collins. Ms. Vandenbroucke. Ms. Vandenbroucke. Yes, so you are correct that the POLST form really is for the end-of-life and the focus is, earlier on in life, I think, completing that advance directive. And I think it is worth having the conversation early on because you just do not know what is going to happen. And as long as you have the conversation, even if the form is never filled out, you have a general sense of what your family member would have wanted. With respect to the POLST form, it is almost--I know that some States view it as a medical error if you fill it out too soon. So, one, this is a form that is initiated by a health care provider, not the individual. And, two, if a health care provider gave me a POLST form and said, ``Fill it out,'' or said, ``I want to fill out this form for you,'' that is completely inappropriate because this is putting a medical order into place that--well, one, if they are mandating it, that is a problem, but it is setting up for medical orders that would not be appropriate, because I am young, I am healthy, and I would want full treatments regardless, and that is what the law already provides for. So this is--it is something that would be reported to a board for a serious infraction if people are misusing this form. Senator Collins. Ms. Ramsey. Ms. Ramsey. And I would only add that for the younger individuals, advance care planning is a process. It is not a one-shot deal. And so the idea about lots of your values, your attitudes, and your preference about other things are actually also addressed as we are having the advance care planning conversation. As my community member said, ``If I were to step outside and get struck by a car, who would that person be that I would want to be there at my side to be the advocate for me, to be the navigator for me while I am hospitalized and receiving care?'' So I think that, certainly, the end of life is along that continuum, but I think there are lots of advantages for engaging early, and that is what we have seen. Senator Collins. Ms. Ramsey, just one final question, because you have just touched on an issue I wanted to raise, and that is I have heard so many stories and have seen friends where family members cannot agree and have very different views on what should be done and the patient is too ill to give direction and that conversation never took place. So you have made the very good point about making sure that there is someone who can make the decisions for you, but should that always be a family member necessarily? Ms. Ramsey. Not necessarily, and I think that when I use the Five Wishes document in our work, one of the things that is expressly stated in the form, that it need not be a family member, because sometimes family members are not the best person. And so that is an important conversation, that it need not be your spouse or your oldest child, but rather it should be someone who is going to be able to articulate your preferences, is comfortable with that, and really is available to you, among some other criteria that would be helpful to consider. But, no, not necessarily that it has to be a family member. Senator Collins. Thank you, Mr. Chairman. Thank you. The Chairman. Senator Whitehouse, you have a request. Senator Whitehouse. Mr. Chairman, I just wanted to ask unanimous consent that the opening statement I had intended to give if I had been here on time be included in the record as if I were. [The prepared statement of Senator Whitehouse follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] The Chairman. Indeed, without objection. Are you in your cone of silence? [Laughter.] Senator Whitehouse. No, I am prepared to yield to Senator Blumenthal. The Chairman. Senator Blumenthal. Senator Blumenthal. Thank you, Senator Whitehouse, and thank you, Mr. Chairman. I wonder--for the panel, I appreciate all of you being here on this very profoundly important topic. Connecticut, as you know, has taken a number of steps in this direction, and while I was Attorney General of the State, I supported those efforts, options for patients to provide instructions or to appoint someone to provide instructions to physicians, family members, and others about care choices. We thought this was especially important, and Connecticut helped to lead, when patients are unable to express themselves on these issues, and planning and preparation, and the term ``conversation'' was not quite as much in vogue as it has become today, so we thought there ought to be talks and discussions and family meetings and as much frank, good talk about this as possible. But there are also a lot of legal complexities surrounding these issues, and I have looked over some of the examples provided for options for end-of-life planning and advance directive and the Five Wishes form and so forth. I wonder, what options are available to enable people to better understand the governing law of their States, whether that is something that needs addressing. Obviously, people are not going to want to pay a lawyer, understandably, to do this for them, and most cannot afford a lawyer. So what options are there for furthering public understanding in the face of what they may think are legal complexities? Mr. Towey. Senator, it certainly has been the province of law firms often to provide a Living Will as part of their estate planning practice, and that has been somewhat effective, although they typically use the State form, so there is not really a useful document in play to begin with. But worse than that is the fact that most individuals who are poor, disabled, have no access to an attorney in the first place, and so we have been out there promoting the use of Five Wishes, make it--I think it is a dollar each for 25 or more-- for faith communities, for financial planners, but also, you know, parish nurses, other individuals that are in the community itself, the aging centers, to be able to go upstream, reach individuals. And then our document is meant to be educative. It is meant to kind of help them understand what their rights are. You have passed, or Congress has passed the Patient Self-Determination Act. No one knows what is in it. It has been over 20 years. So that is why one of my recommendations was a renewed voice by Congress on the importance of advance care planning. I think when you deal with elderly in nursing homes, Senator, typically, when I go to a nursing home, I always ask at the front desk, how many people here have no visitors ever, and you get over half is the answer. So when you start talking about advance care planning for that population, you run into a whole different set of circumstances. Then you layer on depression, which is not uncommon for individuals as they approach death. So as we educate families about their rights, one of the most important rights is to identify individuals who can be health care surrogates, maybe someone from their church, maybe the local community, that comes into a care setting like that and says, I am going to be helpful and befriend and visit those individuals. That would help them exercise their right. Senator Blumenthal. Thank you. Any other responses? Ms. Ramsey. One professional organization, the National Hospice and Palliative Care Organization, has a myriad of resources that are consumer-friendly in their initiative called Caring Conversations, and that has been one of the places that I have been able to, certainly, advise patients and families to also consult with. Not only is the directives from each of the States, whatever type of directive that State recognizes, whether it is a Living Will or a Durable Power of Attorney for Health Care, but they are both there, as well as instructions. And what they have also developed is a series of documents, pamphlets, that are really developed for consumers that is helpful for individuals to begin the conversation as well as to help them understand, well, what is life-sustaining treatment, you know, what does that look like, and the like. So that would be one of the examples that I would offer. Senator Blumenthal. And I note that a number of the experts in this area have said that physicians are sometimes reluctant to address these issues, for whatever reason. Are you satisfied that physicians are, in effect, accepting the need to raise the issue proactively with their patients and persuade them to make some of these decisions and enlist others to do so? Ms. Ramsey. I think in terms of medical schools across the country, nursing schools across the country, it is certainly something that we are getting better at. I think, as Ms. Warshaw said earlier, physicians and providers are waiting for patients and patients are waiting for providers, and that disconnect there really does give rise to a delay in time that is important to really begin the conversation. So in terms from an academic perspective, medical schools and nursing schools are really eliciting this content in terms of--into the content of the curriculum--excuse me--so that we can begin to help individuals role play in how to begin the conversation, how do you break bad news so that it is not as difficult as it is. And, lastly, it is another opportunity why the consumers, the lay individuals, need to be informed, so that they can be supportive in bringing the conversation up, as well. Ms. Warshaw. I think we are experiencing a conspiracy of silence about discussing end-of-life issues, both from the medical community and from the public at large. And just like a generation ago when my parents would not use the word ``cancer,'' or we would not talk about gay rights, or there was no such term as ``designated driver,'' there has to be a cultural shift recognizing that this is a necessary adult responsibility of all of us to talk about what kind of care we want at our end of our life, because death is not natural anymore with the enhanced technologies that we have. I would like to also add that the Institute for Health Care Improvement, where The Conversation is housed--which we are very appreciative of--is in the process of developing a curriculum in their open school program, which means it is online and free, all about The Conversation Project and how to begin having this conversation, and that is geared for interdisciplinary health care teams. Senator Blumenthal. Well, I thank you very much. My time has expired, but I think the term ``conspiracy of silence'' is a very strong one, and I do not dispute it because I have no factual basis to dispute it. But I would have hoped that we would move beyond that, but I gather this panel feels that we have not and that is a very important call to action for all of us who are involved, which really means all of us, because we are all going to be there and all of us will have relatives, loved ones, friends, neighbors, who will be there, as well. So, I thank you very, very much, and thank you, Senator Nelson and Senator Collins, for having this hearing. The Chairman. Thank you, Senator. You are a very valuable member of this committee and you bring a great perspective as a former Attorney General. Ms. Ramsey, minorities--it was stated here that there are disparities in the minority communities about advance directives. Expand on that a little bit. Ms. Ramsey. One of the things that we have found is that--I think it was stated at the onset that most times, we think of completion of advance directives as to refuse intervention. And for some, refusal is not what they are interested in. The idea is that, for many, there have not been access to health care, access to services, and that, finally, we do have access and now you want us to limit it or refuse it. Completing advance directives sometimes is perceived as being that you are going to be abandoned, that the care that you are getting, you are no longer going to get any of the care. And so that is part of the notion or the background about minorities and completion of advance directives. Similarly, about eight percent of minorities utilize hospice services. That is a very small number as compared to the majority at 82 percent. That eight percent has been pretty static over--too long. And so the idea about individuals having access and knowledge about these services and to know that you can accept or you can refuse them, but at no time will you be abandoned and that your pain will be appropriately assessed and managed. The Chairman. You have been involved, Professor, in the Veterans Advisory Council on End-of-Life Care, and you know about the concerns about how advance care planning has been handled with our veterans. In your experience, tell us about your work with the Advisory Council and how these issues are raised with veterans. Ms. Ramsey. Yes, sir. In terms of that particular Advisory Council, and recently, I completed an end-of-life nursing education consortium training for veterans, the idea is that many individuals who have served our country are not necessarily dying in places like the VA or where individuals are trained in caring for veterans. And so the idea was that if individuals who served our country are in other acute care settings across the country, in hospices, that what are some of the things that would be important for providers to know as they transition, as they prepare for dying. And so it has been important for us to recognize that there are some particular considerations, if you will, for persons who have served and what we can do to make their dying experience meaningful and valuable, as we have done for others, but also appreciating that they have served our country. The Chairman. Thank you. Ms. Vandenbroucke, explain for the record the difference between the DNR form and the POLST form. Ms. Vandenbroucke. Thank you. The DNR form focuses just on resuscitation and the POLST form goes further and most States, it is a Section B, by saying, if you do not have an issue with resuscitation, what are the other things that you want at the end of life? So there are generally three options. You want comfort measures only, meaning that you want to allow natural death. You do not want to do anything to prolong your life. Limited additional interventions, which means that you would like things done. You might be in the ICU for a little bit, but you will get antibiotics and other treatments. Or full treatment, which is you want everything. And so this form goes a little bit further in asking those types of questions, whereas a DNR is generally just the one. The Chairman. Well, we have heard that sometimes patients with the traditional DNR, they get less treatment geared to the patient's comfort, palliative care, but studies have shown that patients with a DNR order on a POLST form get more palliative care. Is that true? Ms. Vandenbroucke. Yes. There was a study that was done by Susan Hickman that was published in 2010 in the Journal of the American Geriatric Society that spoke to this, and she was essentially saying that POLST forms were highly associated with people making decisions about what they wanted at the end of life. And so when you had more orders that had greater specificity, you had a greater sense that this is what the patient wanted, whereas with DNR, generally, when people are seeing it, that that was just kind of treated as a way of just not providing as much care. They were interpreting it that the patient wanted less aggressive treatment done, when that may not have, in fact, been the case. And with a POLST, that was additional information about the level of care that the patient wanted in addition to the DNR. The Chairman. In the case where some physicians fill out the POLST form without involving the patient in the discussion of their goals and wishes, is there any evidence that any of you all know that this, in fact, has happened? It is not supposed to. Ms. Vandenbroucke. It is not supposed to, and I do not have any evidence of it. Most of the States do require signatures of the patient or the surrogate. Oregon happens to be one of the unique ones where we are just recommending that the signature occur. But the expectation from the program is that this conversation is occurring. The POLST, as I said at the beginning, is not just a form, it is a conversation, and the form is only as good as that conversation. The Chairman. Thank you very much. Professor Ramsey, I want to go back to the previous question. There was the suggestion in the VA that they were creating death panels. What do you know about that? Ms. Ramsey. I do not, sir. The Chairman. Okay. I want you to ask about that the next time you are in the Council. Mr. Towey. Mr. Towey. Mr. Chairman, as you know, back in 2009, when the VA floated a document called ``My Life, My Choices,'' there was controversy around it. The concern for the poor and the handicapped and others that feel mismatched to begin with is when a huge provider of services is also very anxiously trying to discuss it, it can be--to discuss the issue, advance care planning, they could have a serious conflict of interest, because they also are under tremendous budgetary pressure to save money. That does not mean we should be funding every last bit of care every individual wants, and, in fact, most people do not even want that care at the end of life. They do not. If you ask people, do they want their last three days spent that way, they would say no. And so part of advance care planning is for them to say, I want it in this situation, but I do not want it in this situation, the same as POLST would allow. The problem when the health care community directly, such as VA, or secondary, such as a reimbursement scheme of Medicare or Medicaid, when they are leading the discussion, people are suspicious. They are frightened that what you are really trying to do is cut costs, and they are saying what is really better for you is to go straight to palliative care when, in fact, your treatment plan in front of you, curative care, could lead to a recovery. So that is why I think the VA has to proceed very cautiously when it seeks to promote end-of-life discussions. The Chairman. And, of course, the subject of this entire discussion, advance directives, could alleviate any of these questions about whether or not there are going to be death panels. And, of course, if it is appropriately authenticated and signed with an order, with, as you said, Ms. Vandenbroucke, the patient's signature on there, as well, then I think it starts to alleviate a lot of the concern. Senator Collins. Senator Collins. Thank you, Mr. Chairman. I do not have any more questions for this panel, but I want to thank each member for your very informed, insightful, and intelligent discussion of this issue. Both the Chairman and I are truly committed on this issue, and I think it is really sad when this important discussion degenerates into slogans and demagoguery, such as death panels, when it is so important to each and every one of us. And I commend all of you for the work that you have done, your research, the Five Wishes Program, the other initiatives to elevate the discussion, which it deserves. So, thank you very much, and Mr. Chairman, thank you for your longstanding interest and work in this issue. The Chairman. And with those very kind words, we both extend a hearty thank you to all of you for an excellent discussion. The meeting is adjourned. [Whereupon, at 3:53 p.m., the committee was adjourned.] APPENDIX [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]